COWLEY COUNTY, KANSAS REQUEST FOR QUALIFICATIONS. Employee Benefits Partner SUBMITTAL DEADLINE March 1, 2016 RFQ NUMBER

Transcription

1 REQUEST FOR QUALIFICATIONS Employee Benefits Partner SUBMITTAL DEADLINE March 1, 2016 RFQ NUMBER

2 1. INTRODUCTION/INVITATION: COWLEY COUNTY, KANSAS SCOPE OF SERVICES SECTION I - INTRODUCTION The County of Cowley (Hereinafter referred to as the County ) is interested in obtaining the services of a professional, highly qualified benefits Partner/ company/ contractor/ broker ( Partner ) to provide services, at a minimum, related to legal compliance, finding and obtaining the best insurance carriers, plan analysis and design, proactive programming implementation, and employee communications. The County currently employs roughly 160 individuals. The County is currently under Self-Funded Medical Health Insurance. The County has the following employee breakdowns: 3 County Commissioners 5 elected department heads: Clerk, Treasurer, Register of Deeds, Sheriff, and County Attorney 157 Full Time employees The County has the following people currently enrolled in the Insurance program: 131 Employees, 240 including dependants in health plans 134 Employees, 250 including dependants in dental plans 7 Employees who do not participate in insurance, but participate in the supplemental plans we offer 2. Purpose of this request: The purpose of this request for Qualifications (hereinafter referred to as RFQ ) is to obtain statements of qualifications and proposals ( Proposals ) from qualified companies to be the health insurance partner and consultant for the County in its health insurance policies and needs. The following types of coverage are scheduled for renewal on October 1st 2016: A) Employee Group Medical/Prescription Drug Insurance Coverage B) Dental C) Life Page 1 of 22

3 The following non-county subsidized supplemental plans are also scheduled to be renewed on October 1 st 2016: 1) Voluntary life insurance (Employee/Spouse/Dependants) 2) Short-term disability 3) Long-term disability 4) Critical illness 5) Cancer 6) Accident 7) Hospitalization 8) Vision 9) Flexible spending accounts There is no expressed or implied obligation for the County to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. All costs associated with preparing and delivering a proposal to this RFQ and any interview shall be borne entirely by the Partner. The County will not compensate the Partner for any expenses incurred by the Partner as a result of this RFQ process. Please note that the County is not asking for, nor authorizing, any solicitations or quotes from any insurance carriers. The RFQ shall in no manner be construed as a commitment on the part of the County to award an agreement. The County reserves the right to reject any or all proposals; to waive minor irregularities in the RFQ process or in the responses thereto; to readvertise this RFQ; to postpone or cancel this process; to select and procure parts of services; to change or modify the RFQ schedule at any time and to negotiate an Agreement with another qualified Partner if an Agreement cannot be negotiated with the selected Partner or if the selected Partner s performance does not meet the requirements in this RFQ and/or Agreement. 3. SUBMISSION OF PROPOSALS Proposals will be accepted by Karen Madison, Cowley County Clerk, until 1:00 p.m. local time, on March 1, All proposals must be received by the time and date shown above. Please provide eight hard copies, and one master copy on a CD. Page 2 of 22

4 All proposals must be submitted in writing in a sealed envelope marked in the lower left hand corner EMPLOYEE BENEFITS PARTNER PROPOSAL. Address MAILED proposals to: Cowley County Clerk 321 E. 10 th Avenue Winfield, KS During the evaluation process, the County reserves the right to request additional information or clarification from firms, or to allow corrections of errors or omissions. Proposals are valid for 120 days after the acknowledgment date. The County has final authority over the decision process and hereby retains the right to select one Broker or Agent for all or a combination of coverage or a separate Broker or Agents for each type of coverage or reject all Brokers and Agents. 4. ALTERNATE PROPOSALS 1. An alternate proposal is viewed by the County as a proposal describing an approach to accomplishing the requirements of the RFQ, which differs from the approach set forth in the solicitation. 2. An alternate proposal may also be a second proposal submitted by the same bidder, which differs in some degree from its basic or prime proposal. 3. Alternate proposals may address the technical approach, or other provision or requirements set forth in the solicitations. 4. The County will, during the initial evaluation process, consider all alternate proposals submitted. 5. ANTICIPATED TIMELINE Release RFQ February 1 st, 2016 Proposals Due March 1 st, 2016 Insurance Committee Review of Bids March 7 th, 2016 Insurance Committee Interview Finalists Upon Request Recommendation to County Commission April 5th, 2016* *Subject to Change 6. TERMS OF ENGAGEMENT The Partner selected shall be asked to enter into a written professional services agreement with the County. It is anticipated that the selected Partner will be selected for a period of one year, with a County option to exercise up to two additional one-year options, for a total of three years. In the event of a merger of the firm with another firm, this contract will be transferable to the successor firm only with the approval of the County. This agreement shall not be assigned or transferred without the written approval of the County. Page 3 of 22

5 SECTION II INSTRUCTIONS FOR SUBMITTAL Interested companies should submit a Notice of Intent to Submit a Proposal. Once you have received and reviewed the proposal, please send an to jwillmoth@cowleycounty.org indicating your intent to submit a proposal, use subject NOTICE OF INTENT. By submitting a notice of intent you will receive any updates or clarifications to the RFQ during this process. SECTION III PROPOSAL REQUIREMENTS Sealed proposals shall be submitted/received to the County not later than 1:00 P.M., March 1st, 2016 at the South Annex, c/o Karen Madison, Cowley County Clerk, 321 E 10 th Ave., Winfield, Kansas Bidders must submit eight hard copies of the proposal and one master copy on a CD. All firms interested in providing the services listed in this RFQ to the County must provide detailed information for each of the following questions listed below. Be sure to indicate next to your response which question is being answered. If the answer is contained within any attached marketing material, please state where the response to each question is located. All applicants are expected to complete their own application forms. The County will make a reasonable effort to answer questions and provide appropriate and most current data, but the County will not be available to or be expected to complete extensive research or answer excessive questions. The County reserves the right to select the partner which, at the sole discretion of the County represents the best combination of services and price. The County reserves the right to reject any and all prospective request for qualification submittals. In order to insure a uniform review process and to obtain the maximum degree of compatibility in responses, it is required that the proposals be organized in the manner specified below: A. Title Page 1. Request for Qualification #16-001, EMPLOYEE BENEFITS PARTNER. B. Letter of Transmittal. 1. The proposal should be accompanied by a letter of transmittal (no more than 3 pages) which summarizes the key points of the proposal and which is signed by an officer of the firm who is responsible for committing the firm's resources. Please acknowledge that your bid response and your firm agree to adhere to all of the provisions in this RFQ. Page 4 of 22

6 C. Table of Contents 1. Include a clear identification of the material by section and page number, each section should be tabbed. D. Firm, Service Office Qualifications 1. Provide information regarding the history and organization of your firm. Include your main businesses, number of employees, number of offices, locations, business philosophy, and financial information. 2. Outline your ability to provide expertise in the analysis of health and wellness program service configuration and plan design. Provide examples of similar types of analysis your company has conducted for groups of similar size and complexity. 3. Describe the office that will be designated to service the County s program. Explain the services available at that office. If your firm intends to utilize other offices, please describe the services they would provide on this account. 4. Name the principal and other key personnel who will be fully responsible for the account. Provide a resume or professional qualifications and the related educational background of the personnel assigned to the account. Be sure to list each person s title and area of expertise. 5. Disclose any existing or potential conflicts of interest between the scope of work required by the County and your firm s other business activities. 6. Describe in detail any third-party or contractual relationships that your company may use in connection with performing the scope of services (e.g. actuarial services, data information services, etc.). E. Insurance Marketing Services 1. List the major insurance companies your firm has a strong relationship with related to Employee Group Medical Insurance Coverage. Disclose whether your company receives a commission from said companies. 2. Describe your access to the licensed, excess or surplus lines markets. 3. Describe the insurance marketing expertise of your servicing office and the firm with respect to municipalities or other comparable entities. 4. Describe your company s capabilities and approach with regard to the consulting services outlined in this RFQ. Does your company offer any additional services above and beyond the requested? Please describe. 5. Submit information regarding the firm s access to specialized technical expertise to assist in identifying and analyzing problems in various areas. It is not essential that such expertise be in-house ; the important point is for the firm to Page 5 of 22

7 be able to demonstrate that it knows how to or can obtain such technical assistance when it is required. F. Service to the Account 1. Indicate your willingness to prepare a monthly Report for the County, which would include among other things, the complete accounting of fees or commissions earned on the account, a cumulative project year premium and loss record, observations on relevant changes in the insurance market, and insurance policy summaries. If available, please attach a sample or a copy of a monthly Report previously prepared by your firm. 2. Describe your willingness to participate in monthly meetings with the County s Personnel/Insurance Committee as well as Full County Board Meetings, upon request. 3. Describe the range of the claims management services provided by the servicing office and your firm. 4. Explain your approach to providing or maintaining the County s loss information on an information system. 5. What is your approach to implementing a wellness strategy for your clients? G. Statement of Litigations 1. Provide a list of current litigations, outstanding judgments and liens, if any against the firm or personnel to be assigned to this project or that have been filed in the last five (5) years. This should include any action against or on behalf of the firm using the Qualification Form in this RFQ. H. References 1. List the public-sector entities for which your Partner provides employee benefit consulting services. For each client, include the name, title, address and phone number of a contract person who the County may contact as a reference using the form attached to this RFQ. 2. Please provide a summary of why clients have left your company/firm to the best of your knowledge. I. Work plan/technical approach 1. Describe how your firm would accomplish the work and satisfy the County s objectives described in this RFQ. If appropriate, divide the work into segments or tasks to represent milestones for measuring progress. 2. List the names of the insurance companies that underwrite 30% or more of your firm s book of business. Project whether you would approach the same markets on behalf of the County s account and/or source other markets. Page 6 of 22

8 3. Provide examples of communication materials developed and prepared by your company for use in client s health benefit communication campaigns. (Midyear report, year-end report including market survey analysis, HIPAA guide, FSA education session for employees, open enrollment letters and etc.) 4. If you were selected, please provide a projected timeline, summarizing the entire process beginning with this proposal. Explain the transition process, both in terms of communication and data. Include a detailed description of the implementation plan and the County s role in this process, data requirements and timeframes. 5. Describe two situations where your company has provided clients with solutions to vendor contracts resulting in cost savings or improved customer service. 6. Describe the philosophy and process for acquiring a new benefit or stop loss carrier. J. Exceptions/Deviations 1. Please state any exceptions to or deviations from the requirements of this RFQ. If you wish to present alternative approaches to meet the County s work requirements, these should be thoroughly explained. SECTION IV COMPENSATION In a Separate SEALED envelope: 1. Describe the method(s) by which your firm would prefer to be compensated (i.e., fees, commissions, or a combination of both). Also indicate your firm s willingness to work on a flat fee basis. 2. Quote an annual total fixed flat fee for completing all requirements outlined in the scope of work including any travel costs and other expenses. For all fees, quote the initial one year term and for each of the potential two (2) option years that may follow. You must quote the cost on a Per Employee per Month basis unless it is a fixed flat fee. The County is not obligated to award the contract to the lowest bidder. However, the County may award a contract based on the initial offer, and as such, the proposer should make its initial offer on the most favorable terms available. 3. State your preference for how payments should be made (e.g., monthly, quarterly, semi-annually). Page 7 of 22

9 4. Please provide fees for any additional services your firm provides that may be of interest to the County. SECTION V SCOPE OF WORK While this is not a comprehensive list, prospective Partners must be able to provide the following services: 1. Serve as designated insurance broker of record for Benefit Programs. 2. Negotiate and place employee Benefit plan options as directed by the County. 3. Ensure all employee benefit plans are in compliance with federal and state requirements. 4. Analyze insurance proposals and present the results of such analysis to the appropriate parties. 5. Advise and assist in reviewing contract renewals, plan documents insurance policies and other documents for applicability, accuracy and consistency. Analyze market response, negotiate with carriers, presents results and options to the County, support the decision-making process/team, implement decisions, and coordinate carrier activity. 6. Advise and assist in the preparation/ development of Request for Proposal for benefit vendors and manage the vendor selection process and contract negotiations, as needed. 7. Must only represent the County, not any specific insurance company. There should only be a monthly fee paid by the County. There will be no commissions charged by a provider paid by the County to the partner. 8. Must provide non-biased representation and plan communication at all times. 9. Provide liaison services between the County s employee benefit service providers/contractors including coordination of reporting and assistance resolving issues and disputes. 10. Analyze claim experience/financial development for all insurance coverage. 11. Advise of market and like business benefit trends. 12. Prepare monthly reports, in any reasonable format requested in advance by the County s Insurance Committee or County Commission, for each line of coverage, analyzing financial developments, network utilization, insurer cost structures, Page 8 of 22

10 etc., and make recommendations regarding changes, modifications and/or Benefit changes. 13. In accordance with parameters and criteria established by the County, make recommendations regarding various Benefit and insurance plans, insurance carriers, health maintenance organizations, administrators and Benefit service providers. 14. Review all insurance, benefit and administrative service documents for accuracy and adherence to prior agreements. 15. Provide open enrollment support, including, but not limited to, developing timeline, assisting with the development of open enrollment materials and the determination of attendees, and coordinating and participating in open enrollment meetings as reasonably requested. 16. Review evidences of coverage (EOC) for accuracy, make recommendations regarding changes, modifications and/or benefit enhancements, and negotiate changes with carriers. 17. Assist with the implementation/transitioning of carriers/administrators. 18. Alert the County of legislative mandates and provide hands on assistance with compliance, including, but not limited to the CMS Annual Disclosure and the Affordable Care Act requirements, as to avoid any type of violations with said mandates or requirements. 19. Identify and assist in the implementation of creative cost saving initiatives. 20. When appropriate, provide concise, timely and effective reports as needed, with the ability of electronic transfer of reports to the County Insurance Committee or County Commission, as needed. Examples of these types of reports include but are not limited to: a) Actuarial analysis of claim reserves b) Funding requirements c) Alternate funding options 21. Perform detailed analytical review of third party administration, prescription drug and utilization review firms providing health care services to the County s existing or future health care plan. Page 9 of 22

11 22. Provide proactive research and guidance on existing, new, pending and proposed regulations impacting health and wellness programs and tax law that may affect the benefits program. Assist in submitting written reports and other documents as required by the Federal and State Government. 23. Required to provide seminars and educational sessions to employees and retirees. 24. Assist the County in developing a comprehensive wellness plan with appropriate incentives for participation in accordance with federal law. 25. Attend periodic Wellness Committee meetings to describe trending and communicate preventive management type programming. 26. Provide leadership and facilitate strategic planning on an annual basis including a review of the current schedule of benefits, identification of a full range of options and alternatives, updates regarding industry trends, recommendations concerning a path forward that is consistent with the County s objectives. 27. Knowledge of Governmental Accounting Standards Board (GASB) regulations as they relate to the County s health insurance plan. 28. Notify carriers of employee additions, deletions or changes as received by County. 29. Assist with arrangement of an annual County Health Fair and possible events throughout the year to promote health and wellness to County employees. 30. Assist in the development of communication campaigns, providing draft communications as needed/appropriate. This would include legislative updates that affect the County s employees. 31. Help coordinate the design, editing, printing and production of those materials and giving advice and recommendations when necessary and appropriate. 32. Provide cost effective communication support and viable hardcopy and electronic options for raising the bar on how the County s sponsored benefit programs are communicated to employees. 33. Provide ongoing HR/Finance support, troubleshooting and issue resolution as identified by the County. 34. Facilitate technology discussions between the County and internal/external individuals as related to the County s systems and benefit administration, Page 10 of 22

12 tracking and reporting. Serve as a liaison in this regard with carrier representatives for process interface. 35. Facilitate periodic meetings to update the County on benefit changes, industry trends, plan utilization and etc. SECTION VI EVALUATION AND CONTRACT AWARD All proposals received in accordance with these RFQ instructions will be evaluated to determine if they are complete and meet the requirements specified in this RFQ. An award will be made to the Proposer whose offer is judged to be the most advantageous to the County. The County expressly reserves the right to reject all proposals and make no award under this RFQ. EVALUATION PROCEDURES All proposals received in accordance with these RFQ instructions will be reviewed, analyzed, and evaluated by the Insurance Committee in accordance with the criteria described below. If needed, additional information may be requested from one or more proposers. Interviews and contract negotiations may be conducted with one or more of the Proposers. The Insurance Committee will then select a Proposer to recommend to the County Commission for award consideration. TECHNICAL PROPOSAL REVIEW CRITERIA Proposals will be evaluated by the County against the following factors: 1. The Partner has and maintains an office in the State of Kansas; and 2. The Partner is authorized to do business in the State of Kansas; and 3. Partner s demonstrated expertise in analyzing and designing benefit plans on behalf of clients similar to the County; 4. The experience, professional credentials and references of the Partner and those persons who will actually be servicing the County s account; 5. The Partner s conceptual approach and organizational resources available to service the account; 6. Past history of performance with comparable sized and designed plans; 7. Additional items the Partner is able to offer. Page 11 of 22

13 The County reserves the right to reject any or all proposals, to waive any irregularities or informalities in the offers received and to change the evaluation process described above if circumstances dictate this or it is otherwise in the best interest of the County to do so. FINAL SELECTION/CONTRACT AWARD It is the intent of the County to award a single contract as the result of this RFQ. However, the County reserves the right to apportion the requirements of this RFQ among multiple contractors if this is determined to be in its best interest. The County may, at its election, waive any minor informalities or irregularities in qualifications received or reject any or all submittals. Page 12 of 22

14 SECTION VII FORMS TO BE SUBMITTED WITH THE PROPOSAL Page 13 of 22

15 QUALIFICATION FORM SUBMITTAL VALIDITY AND COMMITMENT TO SIGN AGREEMENTS I (authorized agent) having authority to act on behalf of (Company name) do hereby acknowledge that (Company name) will be bound by all terms, costs, and conditions of this proposal for a period 120 days from the date of submission; and commit to sign the Agreements. FIRM NAME: ADDRESS: PHONE: DATE: (Month-Day-Year) Signature of Officer/Title DATE: (Month-Day-Year) Signature of Officer/Title Page 14 of 22

16 QUALIFICATION FORM DISCLOSURES The Partner submitting this RFQ shall answer the following questions with regard to the past five (5) years. If any question is answered in the affirmative, the Firm shall submit an attachment, providing details concerning the matter in question, including applicable dates, locations, names of projects/project owners and circumstances. 1. Has the Firm been debarred, suspended or otherwise prohibited from doing business with any federal, state or local government agency, or private enterprise? Yes No 2. Has the Firm been denied prequalification, declared non-responsible, or otherwise declared ineligible to submit bids or proposals for work by any federal, state or local government agency, or private enterprise? Yes No 3. Has the Firm defaulted, been terminated for cause, or otherwise failed to complete any project that it was awarded? Yes No 4. Has the Firm been assessed or required to pay liquidated damages in connection with work performed on any project? Yes No 5. Has the Firm had any business or professional license, registration, certificate or certification suspended or revoked? Yes No 6. Have any liens been filed against the Firm as a result of its failure to pay subcontractors, suppliers, or workers? Yes No 7. Has the Firm been denied bonding or insurance coverage, or been discontinued by a surety or insurance company? Yes No Page 15 of 22

17 8. Has the Firm been found in violation of any laws, including but not limited to contracting or antitrust laws, tax or licensing laws, labor or employment laws, environmental, health or safety laws? Yes No *With respect to workplace safety laws, this statement is limited to willful federal or state safety law violations. 9. Has the Firm or its owners, officers, directors or managers been the subject of any criminal indictment or criminal investigation concerning any aspect of the Firm s business? Yes No 10. Has the Firm been the subject to any bankruptcy proceeding? Yes No Legal Matters 1. Claims, Judgments, Lawsuits: Are there or have there been any claims, judgments, lawsuits or alternative dispute proceedings involving the Firm in the past 48 months? Yes No If yes, provide details in an attachment. 2. Complaints, Charges, Investigations: Is the Firm currently or has the firm been the subject of any complaint, investigation or other legal action for alleged violations of law pending before any court or governmental agency within the past 48 months? Yes No If yes, provide details in an attachment. Required Representations In submitting this RFQ, the Firm makes the following representations, which it understands are required as a condition of performing the Contract Work and receiving payment for same. 1. The Firm will possess all applicable professional and business licenses required for performing work in Winfield, Kansas. 2. The Firm satisfies all bonding and insurance requirements as stipulated in the solicitation for this project. 3. The Firm and all subcontractors that are employed or that may be employed in execution of the Contract Work shall be in full compliance with the County s requirements for Workers Compensation Insurance. Page 16 of 22

18 4. If awarded the Contract Work, the Firm represents that it will not exceed its current bonding limitations when the Contract Work is combined with the total aggregate amount of all unfinished work for which the Partner is responsible. 5. The Firm represents that it has no conflicts of interests with the Cowley County if awarded the Contract Work, and that any potential conflicts of interest that may arise in the future will be disclosed immediately to the County. 6. The Firm represents the prices offered and other information submitted in connection with its proposal for the Contract Work was arrived at independently without consultation, communication, or agreement with any other offeror or competitor. 7. The Firm will ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Page 17 of 22

19 References for: IMPORTANT: Offerors shall provide references on this form only. * 1. Name: Contact: Title: Mailing Address: Telephone: 2. Name: Contact: Title: Mailing Address: Telephone: 3. Name: Contact: Title: Mailing Address: Telephone: 4. Name: Contact: Title: Mailing Address: Telephone: 5. Name: Contact: Title: Mailing Address: Telephone: *Please list any Municipalities that you have done work for in the past 48 months. Page 18 of 22

20 SECTION VIII STANDARD TERMS AND CONDITIONS A. Procedures The extent and character of the services to be performed by the Partner shall be subject to the general control and approval of the County Administrator or his authorized representative(s). The Partner shall not comply with requests and/or orders issued by any other person. The County Administrator will designate his authorized representatives in writing. Both Cowley County and the Partner must approve any changes to the contract in writing. B. Contract Period Award of this contract is anticipated prior to the end of April It is for one year with two one year options to renew. C. Insurance The Partner shall procure, maintain, and provide proof of, insurance coverage s for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of Cowley County by the Partner, its agents, representatives, employees or subs. Cowley County shall be named as an additional insured under such insurance contracts (except for Worker s Compensation coverage). Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the Partner for the duration of the contract period. Claims made on policies must be enforce or that coverage purchased for three (3) years after contract completion date. 1. General Liability Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability forms including Product/Completed Operations. Minimum Limits General Liability: $1,000,000 General Aggregate Limit $1,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage Limit $ 5,000 Medical Expense Limit 2. Automobile Liability Coverage sufficient to cover all vehicles owned, used, or hired by the Partner, its agents, representatives, employees or Subs. Minimum Limits Automobile Liability: $1,000,000 Combined Single Limit $1,000,000 Each Occurrence Limit $ 5,000 Medical Expense Limit Page 19 of 22

21 3. Worker s Compensation Limit as required by the Worker s Compensation Act of Kansas, Employers Liability, $1,000,000. D. Hold Harmless Clause The Partner shall indemnify, defend, and hold harmless Cowley County, its officials, employees, agents, residents and representatives thereof from any and all costs, liabilities, expenses, suits, judgments, actions, or claims of any kind, including attorney s fees, brought on account of any personal injuries, damages, or violations of rights, sustained by any person or property in consequence of any neglect in safeguarding contract work or on account of any act or omission by the Partner or their employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or decree arising out of or in connection with the provisions or performance of this Agreement by the Partner, its agents, employees, or subcontractors resulting from the Partner s negligent acts, errors, mistakes or omissions in performing the services under this Agreement. The vendor agrees that this clause shall include claims involving infringement of patent or copyright. E. Exemption from Taxes Cowley County is exempt from state sales tax and federal excise tax. Tax exemption certificates indicating this tax exempt status will be furnished on request, and therefore the County shall not be charged taxes for materials or labor. F. Employment Discrimination by Contractors Prohibited/Wages/ Information During the performance of a contract, the Partner shall agree that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Partner; that it will post in conspicuous places, available to employees and applicants for employment, notices setting forth nondiscrimination practices, and that it will state, in all solicitations or advertisements for employees placed by or on behalf of the Partner, that it is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet this requirement. The Partner will include the provisions of the foregoing paragraphs in every subcontract or purchase order so that the provisions will be binding upon each sub consultant or vendor used by the Partner. G. Invoicing and Payment The Partner shall submit invoices, in duplicate, for services outlined above in the scope of services. H. Cancellation Cowley County reserves the right to cancel and terminate contracts in part or in whole without penalty upon 30 days written notice to the Partner. Any contract cancellation Page 20 of 22

22 notice shall not relieve the Partner of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. I. Contractual Disputes The Partner shall give written notice to Cowley County of its intent to file a claim for money or other relief at the time of the occurrence or the beginning of the work upon which the claim is to be based. The written claim shall be submitted to the County no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, Cowley County shall reduce their decision to writing and mail or otherwise forward a copy thereof to the Partner within thirty (30) days of receipt of the claim. County decision shall be final unless the Partner appeals within thirty (30) days by submitting a written letter of appeal to the Finance Director, or his designee. The Finance Director shall render a decision within sixty (60) days of receipt of the appeal. J. Severability In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect. K. Applicable Laws The resulting contract from this RFQ shall be governed in all respects by federal and state laws. All work performed shall be in compliance with all applicable laws. L. Drug/Crime Free Work Place The Partner acknowledges and certifies that it understands that the following acts by the contractor, its employees, and/or agents performing services on Cowley County property are prohibited: 1. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs; and 2. Any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes). 3. Any crimes committed while on County property. The Partner further acknowledges and certifies that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by Cowley County in addition to any criminal penalties that may result from such conduct. Page 21 of 22

23 M. No Escalation of Fees The pricing of services contained in the contract for the selected Partner shall remain in effect for the duration of the contract. No escalation of fees will be allowed. N. Kansas Open Records Act Cowley County is subject to the KORA and as such this document is a matter of public Record. All responses to this document will be deemed a public record as well. The Partner should not expect anything they submit to Cowley County as a response to this document to be closed from the public, unless they clearly note the items that are to be closed in their response, and then submit the closed items in a separate sealed envelope clearly identifying what is in it, and why the Partner believes the information should be closed. O.Compliance Partner shall comply with all City, County, State and Federal directives, orders, policies and laws as applicable to this RFQ P.Public Disclosure All proposals and other materials or documents submitted by Partners in response to this RFQ will become the property of the County. The County is subject to the open records requirements of Kansas. As such, all materials submitted by Partners to the County are subject to disclosure. Partners specifically waive any claims against County related to the disclosure of any materials if made pursuant to a public records request. Q.Warranty The Partner warrants that the proposal submitted is not made in the interest of or on behalf of any undisclosed party; that the Partner has not, directly or indirectly, induced any other Partner to submit a false proposal; and that Partner has not paid or agreed to pay to any party, either directly or indirectly, any money or other valuable consideration for assistance or aid rendered or to be rendered in attempting to procure the Agreement for the privileges granted herein. Page 22 of 22